(a) No person shall be in physical control of a motor vehicle while that person's driver's license, commercial driver's license, driving permit or nonresident operating privileges has been lawfully suspended, revoked, terminated, forfeited or canceled for any reason.
(b) Whoever violates division (a) of this section shall be guilty of a misdemeanor of the first degree. In addition to any other penalty, the trial court shall impose a mandatory minimum fine of two hundred fifty dollars ($250.00) for a violation of this section.
(c) As evidence of the legal status of the accused driver's license, commercial driver's license, driving permit or nonresident operating privileges, the trial court shall accept into evidence an uncertified copy of a Law Enforcement Automated Data System (L.E.A.D.S.) as established under Ohio R.C. 5503.10.
(d) Upon arresting or otherwise citing a suspect with a violation of division (a) of this section, the officer shall dispose of the motor vehicle the suspect was in physical control of by following the priorities listed below:
(1) If the suspect was arrested or cited while the motor vehicle was on a public road or other public property, the officer shall first inquire of the suspect if he or she wishes that a duly licensed occupant or nearby citizen may remove the vehicle from the public roadway or public property location, and if so, the vehicle shall be released to that person. If no such person is nearby, then with the permission of the suspect, the officer may park the motor vehicle in a lawful parking location not otherwise obstructing the flow of traffic on the roadway. If this option is impractical, the officer shall call a tow truck and have the motor vehicle removed from the roadway.
(2) If the suspect was arrested or cited while the motor vehicle was on private property, the officer shall first inquire of the suspect if he or she wishes that a duly licensed occupant or nearby citizen may remove the vehicle from the private property location, and if so, the vehicle shall be released to that person. If no such person is nearby, then with the express or implied permission of the property owner, the vehicle may remain at that location. If this option is impractical, the officer shall call a tow truck and have the motor vehicle removed from its present location.
(e) All costs associated with the towing and storage of the motor vehicle towed under this section shall be borne by the motor vehicle owner desiring the return of his or her motor vehicle.
(f) Whenever the motor vehicle is towed pursuant to this section, prior to the release of the motor vehicle, the City shall collect a one hundred dollar ($100.00) processing fee from the motor vehicle's owner, payable at the reception window at the Police Department. This processing fee is independent of the towing and storage fees charged by the towing and storage service. Upon receipt of this fee, the Police Department shall either: (1) issue a vehicle release form which the owner shall then present to the vehicle storage facility for the release of the vehicle; or (2) take all necessary steps to remove the immobilization device from the vehicle. The processing fee shall be deposited into the Geneva Police Department Law Enforcement Education Fund maintained by the City Finance Director.
(g) Where the person is charged and convicted under division (a) of this section, and such person has previously been convicted of three or more violations of operating or being in physical control of a vehicle while under a license suspension within the past five years, whether under a provision of the Ohio Revised Code or a similar municipal ordinance, and the arrested person was operating a motor vehicle that is titled exclusively in his or her name, the court shall order the immediate criminal forfeiture of the motor vehicle and direct the County Title Clerk to forthwith transfer title to the motor vehicle to the City. An additional precondition for the vehicle forfeiture under this section is that in issuing a citation for a violation of division (a) of this section, the police officer must have clearly and prominently written on the traffic citation provided to the accused, "Vehicle Subject to Forfeiture."
(Ord. 2805. Passed 6-9-03.)